PRINTER'S NO. 401
No. 363 Session of 2007
INTRODUCED BY GREENLEAF, LOGAN, TARTAGLIONE, STACK, ORIE, RAFFERTY, COSTA, BOSCOLA, BRUBAKER AND FONTANA, MARCH 12, 2007
REFERRED TO LAW AND JUSTICE, MARCH 12, 2007
AN ACT 1 Providing for the rights of law enforcement officers concerning 2 certain complaints and grievances. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Law 7 Enforcement Officers' Bill of Rights Act. 8 Section 2. Legislative intent. 9 The General Assembly recognizes the need for minimum 10 standards to protect the rights of law enforcement officers 11 beyond departmental procedures. 12 Section 3. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Interrogation." The formal and systematic questioning of a 17 law enforcement officer accused in a complaint of malfeasance,
1 misfeasance or nonfeasance which may result in dismissal, 2 demotion, suspension, reduction in salary, written reprimand or 3 transfer for punitive purposes. 4 "Law enforcement officer." A full-time law enforcement 5 officer of a police department or organization of the 6 Commonwealth or a political subdivision thereof, including, but 7 not limited to, a law enforcement officer of the Pennsylvania 8 State Police, a municipal police department, the Capitol Police, 9 Liquor Control Board Enforcement Division and the port 10 authorities. 11 "Malfeasance." The doing of an act which is unlawful. 12 "Misfeasance." The improper performance of a lawful act. 13 "Nonfeasance." The omission of an act which a person has a 14 legal duty to perform. 15 Section 4. Rights of law enforcement officers. 16 Whenever a law enforcement officer is under interrogation the 17 following minimum standards shall apply: 18 (1) The interrogation shall be conducted when the 19 officer is on duty unless the seriousness of the 20 investigation is such that an immediate interrogation is 21 necessary. The officer shall be compensated for absence from 22 work as a result of an interrogation. 23 (2) The interrogation shall take place at the office of 24 the command of the investigating officer or the office of the 25 precinct or police unit or municipal building of the 26 municipality in which the incident allegedly occurred. 27 (3) The officer under interrogation shall be informed of 28 the name, rank and command of the officer or municipal 29 official in charge of the interrogation, and the name, rank 30 and command of any and all persons who will be present during 20070S0363B0401 - 2 -
1 the interrogation. 2 (4) The officer under interrogation shall be informed of 3 the nature of the interrogation and the name or names of the 4 complainant or complainants at the outset of the 5 interrogation. 6 (5) No complaint shall be entertained unless it is sworn 7 to by the complainant or complainants before an official 8 authorized to administer oaths. 9 (6) The interrogation shall be for a reasonable period 10 and shall be timed to allow for such personal necessities and 11 rest periods as are reasonably necessary. 12 (7) The officer under interrogation shall not be 13 subjected to offensive language or threatened with transfer, 14 dismissal or disciplinary action either directly or 15 indirectly. 16 (8) A written or mechanical record shall be made of the 17 entire interrogation. 18 (9) If the officer under interrogation is under arrest, 19 or is likely to be placed under arrest, he shall be informed 20 of his rights prior to the commencement of the interrogation. 21 (10) The officer under interrogation shall have the 22 right to be represented by counsel or other representative of 23 his choice who shall be present at all times during the 24 interrogation. 25 Section 5. Civil suits by officers. 26 A law enforcement officer may initiate and maintain an action 27 against any person or municipality for damages suffered or for 28 the abridgment of civil rights when a complaint filed against 29 the officer is found to be without merit or is made with the 30 intent to cause damage or loss of employment. 20070S0363B0401 - 3 -
1 Section 6. Notice of disciplinary action and polygraphs. 2 (a) Notice.--No dismissal, demotion, transfer, reassignment 3 or other personnel action which may result in a loss of pay or 4 benefits or which is a punitive measure shall be taken against a 5 law enforcement officer unless the officer is notified thereof 6 and provided with the reasons therefor prior to the effective 7 date of such action. 8 (b) Adverse comments.-- 9 (1) No officer shall have any comment adverse to his 10 interest entered in his personnel file, or any record kept at 11 his place or unit of employment, without giving the officer 12 an opportunity to first read and sign the instrument 13 containing the adverse comment indicating he is aware that 14 such comment is being entered in his personnel file or other 15 place of recordation. 16 (2) If, after reading the instrument containing the 17 adverse comment, the officer refuses to sign it, the entry 18 may still be made. A witness shall thereafter note that the 19 officer was presented with the opportunity to read and sign 20 the instrument and refused to do so. 21 (c) Response.--An officer shall have 30 days within which to 22 file a written response to any adverse comment entered in his 23 personnel file. The written response, if any, shall be attached 24 to, and shall accompany, the adverse comment. 25 (d) Polygraph.-- 26 (1) No officer shall be compelled to submit to a 27 polygraph examination against his will. No disciplinary 28 action or other recrimination shall be taken against an 29 officer for refusing to submit to a polygraph examination, 30 nor shall any comment be entered anywhere in the 20070S0363B0401 - 4 -
1 investigator's notes or elsewhere that the officer refused to 2 take a polygraph examination. 3 (2) No testimony or evidence shall be admissible at a 4 subsequent hearing, trial or proceeding, judicial or 5 administrative, to the effect that the officer refused to 6 take a polygraph examination. 7 Section 7. Retaliation for exercising rights. 8 (a) Punitive measures.--No law enforcement officer shall be 9 discharged, disciplined, demoted or denied promotion, transfer 10 or reassignment, or be discriminated against in regard to his 11 employment, or be threatened as a result of the exercise of 12 constitutional rights. 13 (b) Appeal.--No dismissal or demotion, nor denial of 14 promotion, shall be undertaken by any public agency without 15 providing the officer with an opportunity for administrative 16 appeal. 17 Section 8. Personal privacy. 18 (a) Disclosure.-- 19 (1) Except as provided in paragraph (2), no officer 20 shall be required for purposes of job assignment or personnel 21 action to disclose information as to property, income, 22 assets, source of income, debts, personal or domestic 23 expenditures, including those of any member of his family or 24 household, unless the information is obtained under proper 25 legal procedure. 26 (2) Paragraph (1) shall not apply if there is a conflict 27 of interest with respect to the performance of the officer's 28 official duties, or it is necessary for the agency to 29 ascertain the desirability of assigning the officer to a 30 specialized unit in which there is a strong possibility that 20070S0363B0401 - 5 -
1 bribes or other improper inducements may be offered. 2 (b) Search of lockers.-- 3 (1) No officer shall have his locker, or other space for 4 storage that may be assigned to him, searched except in his 5 presence, and with his consent in writing, or unless a valid 6 search warrant has been obtained. 7 (2) Any person from whom consent is requested shall be 8 told that he has the right to deny the consent. 9 (3) This subsection shall apply only to a locker or 10 other space for storage that is owned by the employing 11 agency. 12 Section 9. Effective date. 13 This act shall take effect in 60 days. L21L44DMS/20070S0363B0401 - 6 -